AZ (Child : Relocation to Poland), Re [2016] EWFC 8 (03 February 2016)

AZ (Child : Relocation to Poland), Re [2016] EWFC 8 (03 February 2016)

The welfare of AZ is best served by permitting the mother to relocate with her to Poland, given the mother's mental health, support network in Poland, and the arrangements for ongoing contact with the father. The detriment to the father-child relationship is outweighed by the risk of greater harm to AZ if the mother remains in the UK, potentially worsening her mental health and emotional availability to AZ.

Citation
[2016] EWFC 8
Parties
Applicant: FZ; Respondent: MW
Jurisdiction
England and Wales
Judgment Date
03 February 2016
Procedural Posture
Child Arrangements / Leave to Remove / Final Judgment
Outcome
Application granted
Legal Topics
International Relocation, Child Arrangements, Welfare Principle, Contact Orders

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Parties

FZ

Applicant

MW

Respondent

Procedural Posture

Child Arrangements / Leave to Remove / Final Judgment

  1. 1 Whether the mother should be permitted to relocate with the child AZ to Poland
  2. 2 What arrangements best serve the welfare of the child AZ

Ratio Decidendi

The welfare of AZ is best served by permitting the mother to relocate with her to Poland, given the mother's mental health, support network in Poland, and the arrangements for ongoing contact with the father. The detriment to the father-child relationship is outweighed by the risk of greater harm to AZ if the mother remains in the UK, potentially worsening her mental health and emotional availability to AZ.

Court Disposition

Application granted

Orders

  • Mother permitted to relocate with AZ to Poland
  • Contact arrangements: monthly contact in Poland for the father, holiday contact in England commencing December 2016, indirect contact via Skype and other means